The specific details will be published by the Government soon. But, in general the following queries are raised.

1). I own an apartment in the residential complex/apartment complex with 24/48 apartments and can I regularise my apartment?

Answer: It is difficult to regularise a single/individual apartment in an housing complex.

2). What are the documents required to be submitted for the regularisation?

Answer: Title Deed, EC, Survey documents, Sanctioned building plan, Structural stability report ( if the building has more than two floors or 20 feet in height), as it is building plan and the photos of the building.

3). Who has to submit the application?

If the association is formed, then the association has to pass an resolution and submit the application.

4). Who has to pay the penalty or fine for the deviation or violation?

The applicant has to pay the fine or the violation.

5). Our apartment has 5 floors, (G+4) and I purchased the legitimate or sanctioned portion of the apartment and why should I pay for the illegal or unauthorised portion or apartment in the complex?

This is a complex question. In case of an apartment, application has to be submitted as a single unit. This issue has to be settled among the apartment owners only.

6). Why can`t the developer/owner file the application?

Yes. The Developer/Owner can file the application, if the association is not formed.

7). Why should the owners pay the penalty, as we had not committed any deviation or violation or irregularity?

The developers, if they agree to regularise, they can pay the penalty and get it regularised. If the Developer is not agreeable or not available, then, the owner of the property has to get it regularised.

8). Can we initiate legal proceedings against the builder/owner?

Yes.

9). What are types of deviation or violation?

a). FAR-Floor Area Ratio.

In general, on a 30 feet wide road, for residential purposes, the FAR allowed is between 1.5 to 1.75.

b). Height: 15 meters or 50 feet.

c). Setback: Buildings must have a clear vacant area between the compound and the superstructure like columns and this area is called the setback.

10). Our apartment complex has a panchayat sanctioned building plan and there is no deviation, is it necessary to get the property regularised?

Yes. Panchayats does not have any legal powers delegated to them to approve or sanction building plan other than a single or individual house with ground and first floor. The planning authority or the municipal corporation has the power to sanction or approve the building plan. It is an unauthorised construction, needs to be regularised.

11). Our apartment is built on agricultural land with panchayat approval, how can this be regularised?

If the land or the ground or the property is in agricultural zone or green zone or belt, it cannot be regularised. But, if the property is agricultural property, non converted and lies in residential zone of CDP map of the planning authority, it has be regularised by the change of land use and then the building has to be regularised.

12). We have more than 50% deviation from the sanctioned building plan, how to regularise it?

N O. It cannot be regularised unless and until, the deviation and violation is brought down or removed or demolished or cleared and brought to 50%.

13). There are 100 apartments and many of them have leased it out and are living out of the country and to get amounts from them is difficult, what to do?

The Government can do nothing. The other members of the association or the property owners must find out and request others to contribute.

14). We have penthouses built above 15 meters or 50 feet, how can this be regularised?

No. The penthouses has to be removed to be eligible for regularisation or have to obtain the following NOC from KSPCB, Fire and Emergency Services etc.

15). The builder has violated and sold the properties to us, why should we pay the penalty?

SE (ASUBH) was very notorious for its illegality and irregularities. There is more to come in that area, as many have encroached the KALU DAARI AND BANDI DAARI. This encroachment had been noticed and complained to the authorities. Someday, they will wake up and reclaim this. There are A katha sites, still available in SE.

A or B or C or D or Z katha does not ensure clear title or safety or cannot escape demolition, if there is irregularity and illegality. With A katha, the lands cannot be encroached. By producing fake or fabricated documents, A katha can be obtained. It is always recommended to conduct a due and diligent enquiry before investing.

The DC Converted sites in Haraluru, Ambalipura, Kasavanahalli, Kaikondarahalli, Ejipura, Begur, Hulimavu, Nayyappanahalli, Horamavu, Doddagubbi, Sarjapura,Anekal, Attibele, Yamare, Gopasandra and surrounding areas will be seriously affected, if it is not properly surveyed and titles are perfected.

There are few sellers/developers/agents offering properties with DIFFERENT method under DIFFERENT mode to the buyers and the buyers are VERY HAPPY that they are buying the best property at THROWAWAY PRICE. It is not the mistake of the seller/developer, but the GREED of the buyers. They will pay penalty by the way of LOOSING THE PROPERTY.

THE CLEVER ARGUMENTS:

1). The BBMP has sanctioned the building plan.

The applicant submitted wrong details and obtained the plan.

2). The BBMP collected the Taxes.

You paid and they collected. Payment of taxes does not confer any right, title and interest.

3). BBMP issued A Katha.

By submitting wrong details or misrepresenting the facts, obtained the A katha, which in all likelihood STANDS CANCELLED.

4). BBMP never informed or intimated about the existence of Kaluve, Bandi Daari, Kaalu Daari etc.

BBMP, If noticed or found out about the encroachment, it will be notified officially. But, the clever sellers/builders/agents/local politicians/greedy buyers block such information. BBMP need not intimate it.

5). Government cannot come and demolish the house without issuing notice.

There is no need to issue any notice for the illegalities committed. Encroachments or unauthorised occupation or illegal possession, with fabricated or fake documents does not entitle the issue of any NOTICE. STRAIGHT DEMOLITION. This is what happened now. This will continue for sometime.

6). We have constructed the house with hard earned money.

Everybody constructs the house with hard earned money only. Only, very few get the lottery or bumper or free money.

7). The Banks have financed the construction and lent the home loan.

Borrowing money for the purchase of a property or for the construction does not entitle the owner to stop the demolition. Sanction of Bank Loan does not confer any right, title and interest.

FINALLY, THOSE WHO HAVE LOST THE PROPERTIES HAVE SOME RELIEF. CHECK WITH THE PROFESSIONALS WHO CAN PROVIDE LEGAL ASSISTANCE TO RECOVER, IF POSSIBLE,MONEY. (THIS IS VERY TRICKY AND VERY DIFFICULT, BUT THE LOOSER MUST TRY)

The BBMP has issued only 13 Occupancy Certificates in 2016-17, of which 3 are commercial projects and 10 are residential apartments.

There are few hundred projects which had been completed and few hundred housing apartment projects are underway, but only few builders and the apartments have the MANDATORY OCCUPANCY CERTIFICATE.

Between 2011-12 to 20161-7, the BBMP has issued around 300+ Occupancy Certificates and the remaining buildings or projects or apartments DOES NOT HAVE MANDATORY OCCUPANCY CERTIFICATE, it means, that buildings or apartments or projects are NOT WORTH BUYING OR OCCUPYING.

The recent floods and the havoc caused by the rains is MAN MADE. In one of the flood affected areas, the road width is 30 feet and there were several apartment complexes having more than 20+ apartments and the entire narrow road, in bangalore south, J.P.Nagar, has about 400 to 500 apartments, NONE OF THE BUILDINGS HAVE OCCUPANCY CERTIFICATE AND HAS NOT BEEN CONSTRUCTED AS PER THE SANCTIONED BUILDING PLAN AND THEY ARE ILLEGAL, IRREGUALR AND UNAUTHORISED.

The Karnataka High Court on Monday ordered issue of notices to the Bruhat Bangalore Mahanagara Palike and others on a PIL petition, which is seeking a direction for laying down a procedure for the systematic monitoring of the construction of buildings to check the alleged violation of norms.

A Division Bench, comprising acting Chief Justice Subhro Kamal Mukherjee and Justice B.V. Nagarathna, passed the order on the petition filed by Satya Achayya and others.

Complaining that their representations on illegal constructions fell on deaf ears of civic authorities, the petitioner claimed that a “mafia” of developer was indulging in constructing buildings illegally and selling it to the public.

The petitioner have sought a direction for laying down a procedure for periodic inspection of every construction site after the sanction of plans and the maintenance of inspection records in writing and observations made by the inspecting officers.

IT HAS BEEN RECENTLY NOTICED THAT A MAJOR IRREGULARITY HAS CREPT IN THE PROCESS OF SANCTIONING BUILDING PLANS IN THE BANGALORE EAST TALUK, DELIBERATELY HUSHED UP BY BOTH THE BBMP/BDA AND THE DEVELOPERS AND BUILDERS, WHEN CONFRONTED WITH LEGAL/LEGITIMATE EVIDENCE, THEY BACK OUT, STATING `THIS IS WHAT WE HAVE AND IT IS LEGAL` IF YOU ARE INTERESTED BUY IT, OTHERWISE, GET LOST. DUE TO THE RECENT PRICE HIKE, THE BUYERS ARE IN TEARING HURRY TO BOOK AND BUY PROPERTIES, WITHOUT PROPER SCRUTINY.

VERY SOON, THESE VIOLATIONS AND IRREGULARITIES WILL BE BROUGHT TO BOOK BY NEW GOVERNMENT.

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